/) 


71m. 
#31 


Duke  University  Libraries 

A  bill  to  be  en 
Conf  Pam  12mo  #31 


[House  Bill,.  No.  47.] 

HOUSE,  September  24, 1862. — Read  first  and  second  times,  placed 
on  Calendar  and  ordered  to  be  printed. 

[By  Mr.  Moore,  from  Judiciary  Committee.] 


ABILL 

To  be  entitled  An  Act  to  authorize  the  President  of  the  Con- 
federate States  to  institute  a  commission  for  the  trial  and 
punishment  of  offences  in  the  armies  of  the  Confederate 
States. 

1  Section  1.   The  Congress  of  the  Confederate  States  of 

2  America  do  enact,  That  the  President  of  the  Confederate 

3  States  is  hereby  authorized  and  empowered  to  institute  a 

4  commission,  to  be  composed  of  such  persons  as  he  may 

5  appoint  to  accompany   each  brigade,    division  or  army 

6  corps  in  the  field  as  the  President  may  direct,  who  shall 

7  constitute  a  court  with  full  and  complete  jurisdiction  to 

8  try  and  punish  all  offences  which  may  be  committed  by 

9  any  officer  or  soldier  against  the  military,   criminal  or 
10  penal  law  .of  the  land. 

1         Sec.  2.  That  the  said  court  shall  have  full  and  com- 


2  plete  power  and  jurisdiction  to  inflict  all  the  punishments 

3  and  penalties  which   the  military  law  prescribes  against 

4  any  officer  or  soldier  who  shall  be  found  guilty  of  a  vio- 

5  lation  thereof,  and  the  said  court  is  hereby  invested  with 

6  all   the    power  and  jurisdiction  of  courts   martial  under 

7  and  by   virtue   of  the  military   law  of  the   Confederate 

8  States. 

1  Sec.  3.  When  any  officer  or  soldier  shall  be  adjudged 

2  by  said   court  to  be  guilty  of  an  offence  not  punishable 

3  by  military  law,  but  which  is  made  a  felony  by  the  laws 

4  of  the  Confederate  [States,  such  person  shall  be  punished 

5  according  to  the   penalty   prescribed,  by  the   laws  of  the 

6  Confederate  States. 

1  Sec.  4.  That  when  any  officer  or  soldier  shall  be  ad- 

2  jugded  by  said  court  to  be  guilty  of  an  offence  not  pun- 

3  ishr.ble   by  the  military  law  of  the  Confederate   States, 

4  nor  held  to  be  a  felony  by  the  criminal  law  thereof,   but 

5  which  is  declared  to  be  a  felony  by  the  laws  of  the  State 

6  in  which  the  offence  was  committed,  it  shall  be  the  duty 

7  of   said   court  to   hand   such   person   over   to   the   civil 

8  authorities  of  such  State,  to  be  dealt  with  according  to 
0  the  laws  thereof. 


#3) 

1  Sec.  5.  That  if  any  such  officer  or  soldier  shall  be  ad- 

2  judged  by  said  court  to  be  guilty  of  any  trespass  to  the 

3  person  or  property  of  the  citizen,  upon  conviction  thereof, 

4  such  person   shall  be  punished  by  confinement  in  prison 

5  for  a  period  of  not  more   than  twelve  months,  or  put  to 

6  hard  labor   for  the  same  time,  in  the  discretion  of  the 

7  court. 

1  Sec.  6.   Where  the   judgment  of  said  court,  under  the 

2  provisions  of  this  act,  shall  be  the   penalty  of  death,  or 

3  the  cashiering  of  an  o^cer,  such  judgment  shall  be  sub- 

4  ject  to  the  review  and  approval  of  the  President,  and  in 

5  all  such  cases  it  shall  be  the  duty  of  said  court  to  keep, 

6  or  cause  to  be  kept,  a  true   and  complete   record  of  the 

7  proceedings  and  proof  in  the  case. 

1  Sec.  7.  That  in   order  to  enable   said  court  to  keep, 

2  when  necessary,  a  complete  record  of  its  proceedings  and 

3  proof  in  any  case,   and  to  cause   all  of  its  process  and 

4  judgments  to  be  executed,  it  shall  have  power  co  appoint 

5  its  own  clerk  and  marshal,   each  of  whom  shall,  before 

6  entering  on' the  discharge  of  the  duties  of  their  respec- 

7  tive  offices,   take   the   oath  prescribed  by  law  in  such 

8  cases  and  execute  bond  in  the  penalty  of  three  thousand 


A 

9  dollars  conditioned  for  the  faithful  performance  of  their 

10  respective  duties. 

1  Sec.  8.    The  persons  who  shall  constitute  the   court 

2  aforesaid  shall  be  required,  before  entering  on  the  duties 
8  of  their  office,  to  take  the  oath  now  prescribed  by  law 
•J  in  such  cases,  and  in  addition  thereto  take  an  oath  to 
•">  discharge  said  duties  honestly,  faithfully  and  according 
6  to  the  best  of  their  skill  and  judgment. 

1  Sec.  9.  Provided  that  no  judgment  rendeied   under 

2  the  provisions  of  this  act  shall  bar  any  citizen   from  his 

3  right  of  action  against   any  officer  .or  soldier  to  recover 

4  damages  for  any  trespass  to  property. 

1  Sec.  10.  The  members  of  said  court  shall  hold  their 

2  offices  during  the  war  unless,   in   the  judgment  of  the 

3  President,  said  court  should  be  sooner  discontinued,  and 

4  they  shall  each  receive  a  salary  of  one  hundred  and 

5  eighty  dollars  per  month,  to  be  due  and  payable  quar- 

6  terly.     The  salary  of  the  clerk  shall  be  three  dollars  per 

7  day,  and  that  of  the  marshal  five  dollars  per  day. 


Hollinger  Corp. 
PH8.5 


